Assisted living survey tip—Emergency relocation requirements

By Doug Beardsley  |  January 13, 2023  |  Assisted living providers

Assisted living facilities continue to get cited for non-compliance with emergency relocation requirements. Part of the confusion may be in the terminology used—for most instances—think of this as a hospital or emergency department transfer requirement! Another part of the problem is this requirement resides in the contract terminations section of the statutes, but it is most commonly applied in relation to hospital transfers (that frequently do not result in contract terminations).

What is required? One requirement is automatic and a second, calendar-based requirement is required depending on how long the resident is away from the assisted living facility.  

Requirement one: 
 In the event of an emergency relocation (usually a transfer to a hospital), the facility must provide a written notice that contains, at a minimum:
  1. The reason for the relocation;
  2. the name and contact information for the location to which the resident has been relocated and any new service provider;
  3. contact information for the Office of Ombudsman for Long-Term Care and the Office of Ombudsman for Mental Health and Developmental Disabilities;
  4. if known and applicable, the approximate date or range of dates within which the resident is expected to return to the facility, or a statement that a return date is not currently known; and
  5. a statement that, if the facility refuses to provide housing or services after a relocation, the resident has the right to appeal under section 144G.54. The facility must provide contact information for the agency to which the resident may submit an appeal.

The notice must be provided/delivered as soon as practicable to:
  1. The resident
  2. The resident’s legal representative
  3. The resident’s designated representative
  4. If the resident has a case manager, the case manager

This means the facility needs to have a form prepared for emergency transfers to hospitals or emergency departments. Required elements #3 and #5 remain constant, requiring elements #1, #2, and #4 need to be completed at the time of the transfer. If possible, such completed form should be sent with the resident at the time of transfer, as getting it to them after the transfer may be more difficult. 

Requirement two:
  1. If the resident has not return to the assisted living facility “within four days” the same notice needs to be sent to the Office of Ombudsman for Long-Term Care (OOLTC). The notice can be sent to the OOLTC via email or fax, using the cover letter here. If the resident returns to the facility within four days of the transfer, no notice to the OOLTC is required.

Setting up systems to comply with these two transfer requirement notifications will help your facility avoid a citation at 144G.52 Subd.9. 


Doug Beardsley
Doug Beardsley  |  Vice President of Member Services  |   dbeardsl@careproviders.org  |  952-851-2489